Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-04
APPLICATION ron pArrSr.

APPLICATION FOR PATENT.
Where papers have once been fled with the
Register and Receiver they become Q part Of
the record, and can neither be Withdrawn nor
returned, but must be transmitted TO the Gen
ersl Lsnd Once.
An application win be rejected when the
scription Of the premises Ia erroneous or
suficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
notice was not published in o
new .psper designated as published nearest the
claim.
~Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending . suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties own sepsrate and dis.
tfnct portions Of Q claim. application for
patent may be made by either for to at portion
Of the claim owned by him. but where soYersl
parties own undivided interests in : mining
patent.
A person or association may purchase rs
many placer locattons a. the local law ed units
and embrace them all In one application for =
patont.
W. or more lodes cannot be embraced In
one application for 9 patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn TO before any person purpors-
ing to set as q deputy for the Register and Re-
ceiver cAnnot be recorded 90 evidences.
In all patents for mining claims situated
within the interior boundaries OF . town site
. clause 10 ins erted "excepting aud excluding
all town property. rights upon the surface,
and all houses, buildings, Structures. lots,
blocks. streets, alleys or other municipal Inn
provements not belonging to the grantee here
in. and ell rights necessary or proper to the
occupation, possession and enjoyment Of the
sAme."
Publication OF notice must be made a only
one newspaper for the period OF co days.
Notice must be Published 10 consecutive
weeks in weekly newspapers. and in daily
rewspapers 60 days must elspse between the
first and last insertions.
Where the Register esignates the d aiiy issue
Of q newspaper for publication Of notices Of q
mining application for patent 1t 10 not q COM
pliance with law TO change to the weekly edi-
tion of the same paper without authority Of
The existence OF Q salt spring on . tract Of
land withdrsws 1t from the operation of the
homestead and presumption laws. A hearing
for tbs purpose Of proving the agricultural
e8~a A814 AB " A<ku
containing valuable deposits OF slate may be
entered under the minfng Acts.
ADVERSE CLAIMS.
distinct claim against each application which
II 10 alleged conflicts with the promises ovned
by such adverse claimant.
The papers in an adverse claim, once dled
cannot DO Withdrawn, but become s . part OF the
record.
when an adverse claim has been hied IL can.
not be amended 30 a. TO embrace q larger pcr.
ton Of the premises than that described In the
original adverse claim.
An adverse claim must be made ont In
proper form and filed IN the proper local OH ce
during the period of publication OF the appli-
cation for the patent to be effective.
1t Is the duty OF the adverse claimant o
suit in proper form within the re-
CURED time. and II he trnsts the uncertain
medium Of the United States mail he must
abide the consequences. should the delay
ensue. through misfortune or accident. Should
the failure to commence suit be the result OF
the corrupt or dishonest action of his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de.
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody-
ing conclusions OF Law, without stating the
facts specially. viii no. be considered In evil
dence.
An adverse claimant shoul show 9 compii-
huCs Win snc local laws IN recording LIS claim
and In regard 10 expenditures. and shall hle a
copy of the original notice OF his location, and
show the nature or extent Of the onfict
alleged.
An allegation of parties to a suit that they
compose the company 10 sufficient. and they
are not required 10 prove that they are the
original ~locators or the identical parties who
present the adverse claim.
Oh MINERAL LAsps,
Where land is Of little. II any value. for sgri.
cultural purposes. bat 10 essential TO the
proper development of mining claims. IL
should be disposed Of under the Mining Act.
Where lands containing salusble mineral
deposits have been included In an agricultural
entry. said entry will be cancelled 81 any time
prior to issuance Of patent, upon satisfactory
evidence Of the existence Of such valuable de-
posts.
Where valuable deposits Of mineral are dis
covered upon . tract sitter the same las been
entered % agricultural, but before / stent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled b.
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be-
ceived In payment for claims.
ALIENS.
foreigner may make Q mining location
dispose of 1t. provided he becomes A citizen
before disposing OF the mine. Proof that the
party was not . citizen before disposina Of his
claim must be afhrmatively shown.
Locntors and intermediate owners. other
than applicants, will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance Of patent.
The portion Of Q mining claim sold 10 an
Alien cannot be patented while such owner is
an alien; but on his declarstiony o become a
citizen his right datea back to his purchase.
sud he may thereupon secure United States
patent for his claim.
CROSS LxDaKs.
Revised Statutes. Section 1886,
Where two or more lodges cross or interaaet
each other, priority Of title shall govern. and
such prior location shall be entitled 10 ali ore
or mineral contsined within the space Of inter.
section. but the subsequent location shall have
the right OF way through the space Of inter
section for the purpose Of the convenient
working OF the mine. And where two or more
veins unite the oldest or prior location shall
take the vein below the point Of union. in.
Guiding ell the space Of intersection.
There In no aufharitv - isvu -..,